Direct effect
When they satisfy all three conditions for direct effect, Treaty articles, Regulations and Decisions can have:
a) Vertical direct effect.
b) Horizontal direct effect.
c) Both vertical and horizontal direct effect
c) Both vertical and horizontal direct effect
A person whose EU right(s) have been denied can:
a) Choose to use direct effect, indirect effect or state liability.
b) Only use state liability if direct effect cannot be used.
c) Only use state liability if indirect effect cannot be used.
d) Only use state liability when neither direct effect or indirect effect is available.
a) Only use state liability if indirect effect cannot be used.
The principle of direct effect was established in:
a) Case 26/62 van Gend en Loos
b) Case 6/64 Costa v. Enel
c) Case 2/74 Reyners v. Belgium
d) Case 43/75 Defrenne v Sabena. (No. 2)
a) Case 26/62 van Gend en Loos
Two of the conditions for state liability are that: the EU law rule infringed is intended to confer rights on individuals; and the breach is sufficiently serious. What is the third condition?
a) The EU law provision must be sufficient clear and precise.
b) The EU law provision must be unconditional.
c) There must be a causal direct link ’between the breach of EU law and the damage suffered by the injured party.
d) The EU law provision must leave no room for the exercise of discretion in implementation.
c) There must be a causal direct link ’between the breach of EU law and the damage suffered by the injured party.
Direct effect enables persons to:
a) Enforce their EU rights in the Court of Justice of the European Union.
b) Enforce their EU rights in national courts.
c) Obtain compensation for breaches of EU law in the Court of Justice of the European Union.
d) Obtain compensation for breaches of EU law in national courts.
b) Enforce their EU rights in national courts.
The principle of indirect effect was established in:
a) Case 152/84 Marshall v Southampton and SW Hampshire Area Health Authority.
b) Case 148/78 Ratti
c) Case 14/83 Von Colson
d) Case 41/74 Van Duyn
c) Case 14/83 Von Colson
The principle of state liability enables persons to:
a) Obtain compensation for breaches of EU law in the Court of Justice of the European Union.
b) Enforce their EU rights in national courts when they cannot use direct or indirect effect.
c) Enforce their EU rights in the Court of Justice of the European Union cannot use direct or indirect effect.
d) Obtain compensation for breaches of EU law in national courts.
d) Obtain compensation for breaches of EU law in national courts.
To have direct effect, Treaty articles, Regulations and Decisions must be sufficiently clear and precise, and unconditional. What is the third condition for their direct effect?
a) They must grant right(s) to individuals.
b) The deadline for implementation must have passed.
c) They must leave no room for the exercise of discretion in implementation by Member States or EU institutions.
d) They must leave room for the exercise of discretion in implementation.
c) They must leave no room for the exercise of discretion in implementation by Member States or EU institutions.
The principle of indirect effect enables persons to enforce their EU rights by:
a) Placing an interpretative obligation on national courts.
b) Relying on EU law in national courts.
c) Relying on EU law in the Court of Justice of the European Union
a) Placing an interpretative obligation on national courts.
The principle of state liability was established in:
a) Joined Cases C-6 and 9/90 Francovich and Bonifaci v Italy.
b) Case C-213/89 R v. Secretary of State for Transport ex parte Factortame Ltd.
c) Joined Cases C-46 and 48/93 Brasserie du Pêcheur and Factortame III
a) Joined Cases C-6 and 9/90 Francovich and Bonifaci v Italy.